[Congressional Record Volume 169, Number 120 (Thursday, July 13, 2023)]
[Senate]
[Pages S2501-S2508]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 298. Mr. BENNET (for himself and Mr. Welch) submitted an amendment
intended to be proposed by him to the bill S. 2226, to authorize
appropriations for fiscal year 2024 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end, add the following:
DIVISION F--DIGITAL PLATFORM COMMISSION ACT OF 2023
SEC. 6001. SHORT TITLE.
This division may be cited as the ``Digital Platform
Commission Act of 2023''.
SEC. 6002. FINDINGS; SENSE OF CONGRESS.
(a) Findings.--Congress finds the following:
(1) In the United States and around the world, digital
platforms and online services play a central role in modern
life by providing new tools for communication, commerce,
entrepreneurship, and debate.
(2) The United States takes pride in the success of its
technology sector, which leads the world in innovation and
dynamism, provides valuable services to the people of the
United States, and supports thousands of good-paying jobs in
the United States.
(3) In recent years, a few digital platforms have
benefitted from the combination of economies of scale,
network effects, and unique characteristics of the digital
marketplace to achieve vast power over the economy, society,
and democracy of the United States.
(4) The last time Congress enacted legislation to
meaningfully regulate the technology or telecommunications
sector was the Telecommunications Act of 1996 (Public Law
104-104; 110 Stat 56.), years before many of today's largest
digital platforms even existed.
(5) Digital platforms remain largely unregulated and are
left to write their own rules without meaningful democratic
input or accountability.
(6) The unregulated policies and operations of some of the
most powerful digital platforms have at times produced
demonstrable harm, including--
(A) undercutting small businesses;
(B) abetting the collapse of trusted local journalism;
(C) enabling addiction and other harms to the mental health
of the people of the United States, especially minors;
(D) disseminating disinformation and hate speech;
(E) undermining privacy and monetizing the personal data of
individuals in the United States without their informed
consent;
(F) in some cases, radicalizing individuals to violence;
and
(G) perpetuating discriminatory treatment of communities of
color and underserved populations.
(7) The development of increasingly powerful algorithmic
processes for communication, research, content generation,
and decision making, such as generative artificial
intelligence, threatens to magnify the harms identified in
paragraph (6) without mechanisms for proper oversight and
regulation to protect the public interest.
(8) The failure of the United States Government to
establish appropriate regulations for digital platforms cedes
to foreign competitors the historic role played by the United
States in setting reasonable rules of the road and technical
standards for emerging technologies.
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(9) Throughout the history of the United States, Congress
has often responded to the emergence of powerful and complex
new sectors of the economy by empowering sector-specific
expert Federal regulators.
(10) Throughout the history of the United States, the
Federal Government has established reasonable regulation,
consistent with the First Amendment to the Constitution of
the United States, to promote a diversity of viewpoints,
support civic engagement, and preserve the right of citizens
to communicate with each other, which is foundational to
self-governance.
(11) The unique power and complexity of several digital
platforms, combined with the absence of modern Federal
regulations, reinforces the need for a new Federal body
equipped with the authorities, tools, and expertise to
regulate digital platforms to ensure their operations remain
consistent, where appropriate, with the public interest.
(b) Sense of Congress.--It is the sense of Congress that
the Federal agency established under this division should--
(1) develop appropriate regulations and policies grounded
in the common law principles of the duty of care and the duty
to deal, insofar as those principles are relevant and
practical; and
(2) adopt, where relevant and practical, a risk management
regulatory approach that prioritizes anticipating, limiting,
and balancing against other interests the broad economic,
societal, and political risks of harm posed by the activities
and operations of a person or class of persons.
SEC. 6003. DEFINITIONS.
In this division:
(1) Algorithmic process.--The term ``algorithmic process''
means a computational process, including one derived from
machine learning or other artificial intelligence techniques,
that processes personal information or other data for the
purpose of--
(A) making a decision;
(B) generating content; or
(C) determining the order or manner in which a set of
information is provided, recommended to, or withheld from a
user of a digital platform, including--
(i) the provision of commercial content;
(ii) the display of social media posts;
(iii) the display of search results or rankings; or
(iv) any other method of automated decision making, content
selection, or content amplification.
(2) Code council; council.--The term ``Code Council'' or
``Council'' means the Code Council established under section
6008(a).
(3) Commission.--The term ``Commission'' means the Federal
Digital Platform Commission established under section 6004.
(4) Digital platform.--
(A) In general.--The term ``digital platform'' means an
online service that serves as an intermediary facilitating
interactions--
(i) between users; and
(ii) between users and--
(I) entities offering goods and services through the online
service; or
(II) the online service with respect to goods and services
offered directly by the online service, including content
primarily generated by algorithmic processes.
(B) De minimis exception.--
(i) In general.--Notwithstanding subparagraph (A)(ii)(II),
the term ``digital platform'' does not include an entity that
offers goods and services to the public online if the
offering of goods and services online is a de minimis part of
the entity's overall business.
(ii) Online services that do not qualify for de minimis
exception.--Notwithstanding clause (i), if an online service
described in subparagraph (A)(ii)(II) is owned by an entity
but is offered through an affiliate, partnership, or joint
venture of, or is otherwise segregable from, the entity--
(I) the online service shall be considered a digital
platform; and
(II) the entity shall not be considered a digital platform.
(C) Small digital platform businesses.--
(i) In general.--The term ``digital platform'' does not
include a small digital platform business, except as provided
in clause (iii).
(ii) SBA rulemaking.--Not later than 180 days after the
date of enactment of this Act, the Administrator of the Small
Business Administration shall by regulation define the term
``small digital platform business'' for purposes of clause
(i).
(iii) Non-applicability to systemically important digital
platforms.--Clause (i) shall not apply to a systemically
important digital platform.
(D) News organizations.--The term ``digital platform'' does
not include an entity whose primary purpose is the delivery
to the public of news that the entity writes, edits, and
reports.
(5) Immediate family member.--The term ``immediate family
member'', with respect to an individual, means a spouse,
parent, sibling, or child of the individual.
(6) Online service.--The term ``online service'' includes a
consumer-facing website, back-end online-support system, or
other facilitator of online transactions and activities.
(7) Systemically important digital platform.--The term
``systemically important digital platform'' means a digital
platform that the Commission has designated as a systemically
important digital platform under section 6010.
SEC. 6004. ESTABLISHMENT OF FEDERAL DIGITAL PLATFORM
COMMISSION.
(a) Establishment.--There is established a commission to be
known as the ``Federal Digital Platform Commission'', which
shall--
(1) be constituted as provided in this division; and
(2) execute and enforce the provisions of this division.
(b) Purposes of Commission.--The purpose of the Commission
is to regulate digital platforms, consistent with the public
interest, convenience, and necessity, to promote to all the
people of the United States, so far as possible, the
following:
(1) Access to digital platforms for civic engagement and
economic and educational opportunities.
(2) Access to government services and public safety.
(3) Competition to encourage the creation of new online
services and innovation, and to provide to consumers benefits
such as lower prices and better quality of service.
(4) Prevention of harmful levels of concentration of
private power over critical digital infrastructure.
(5) A robust and competitive marketplace of ideas with a
diversity of views at the local, State, and national levels.
(6) Protection for consumers, including those in
communities of color and underserved populations, from
deceptive, unfair, unjust, unreasonable, or abusive practices
committed by digital platforms.
(7) Assurance that the algorithmic processes of digital
platforms are fair, transparent, and safe.
(c) Rule of Construction.--Nothing in this division, or any
amendment made by this division, shall be construed to
modify, impair, or supersede the applicability of any
antitrust laws.
SEC. 6005. JURISDICTION.
(a) Plenary Jurisdiction.--The Commission shall have
jurisdiction over any digital platform, the services of
which--
(1) originate or are received within the United States; and
(2) affect interstate or foreign commerce.
(b) Provisions Relative to Systemically Important Digital
Platforms.--Not later than 180 days after the earliest date
as of which not fewer than 3 Commissioners have been
confirmed, the Commission shall determine whether to
promulgate rules, with input from the Code Council as
appropriate, to establish for systemically important digital
platforms--
(1) commercial and technical standards for--
(A) data portability; and
(B) interoperability, which shall be defined as the
functionality of information systems to--
(i) exchange data; and
(ii) enable sharing of information;
(2) requirements--
(A) for recommendation systems and other algorithmic
processes of systemically important digital platforms to
ensure that the algorithmic processes are fair, transparent,
and without harmful, abusive, anticompetitive, or deceptive
bias; and
(B) for auditing, accountability, and explainability of
algorithmic processes;
(3) transparency requirements for terms of service,
including content moderation policies;
(4) requirements for regular public risk assessments of the
distribution of harmful content on a systemically important
digital platform and steps the systemically important digital
platform has taken, or plans to take, to mitigate those
harms, including harms arising from algorithmic processes;
(5) transparency and disclosure obligations to enable--
(A) oversight by the Commission;
(B) third-party audits to ensure the accuracy of any public
risk assessments required under paragraph (4); and
(C) trusted third-party research in the public interest;
and
(6) commercial and technical standards to ensure
accessibility to individuals with a disability, as defined in
section 3 of the Americans with Disabilities Act of 1990 (42
U.S.C. 12102), including to provide the ability for an
individual who has a hearing impairment, speech impairment,
or vision impairment to engage with systemically important
digital platforms in a manner that is functionally equivalent
to the ability of an individual who does not have a hearing
impairment, speech impairment, or vision impairment to engage
with systemically important digital platforms.
(c) Specific Codes and Standards.--
(1) Age-appropriate design code.--
(A) Establishment.--Not later than 180 days after the
earliest date as of which not fewer than 3 Commissioners have
been confirmed, the Commission shall, with input from the
Code Council as appropriate, establish by rule an age-
appropriate design code.
(B) Contents.--The age-appropriate design code established
under subparagraph (A) shall include--
(i) requirements governing the design and data privacy
standards for the entities that the Commission designates as
being subject to the code; and
(ii) prohibited design features and data practices for the
entities described in clause (i).
(2) Age verification standards.--Not later than 180 days
after the earliest date as of which not fewer than 3
Commissioners have been confirmed, the Commission shall,
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with input from the Code Council as appropriate, begin the
process of developing age verification standards.
(3) Procedure.--
(A) Public review; commission examination and vote.--In
establishing an age-appropriate design code and age
verification standards under paragraphs (1) and (2), the
Commission shall first develop a proposed code and standards,
respectively, and comply with the requirements under
paragraph (4) of section 6008(e) in the same manner as with
respect to a proposed behavioral code, technical standard, or
other policy submitted to the Commission by the Code Council
under paragraph (3) of that section.
(B) Updates.--Paragraph (5) of section 6008(e) shall apply
to the age-appropriate design code and age verification
standards established under paragraphs (1) and (2) of this
subsection in the same manner as it applies to a behavioral
code, technical standard, or other policy established by rule
under paragraph (4) of that section.
(d) Forbearance.--
(1) In general.--The Commission may forbear from exercising
jurisdiction over a digital platform or class of digital
platforms based on size, revenue, market share, or other
attributes the Commission determines appropriate.
(2) Flexibility.--The Commission may reassert jurisdiction
over a digital platform or class of digital platform over
which the Commission forbore from exercising jurisdiction
under paragraph (1).
SEC. 6006. ORGANIZATION AND GENERAL POWERS.
(a) In General.--The Commission shall be composed of 5
Commissioners appointed by the President, by and with the
advice and consent of the Senate, one of whom the President
shall designate as chair.
(b) Qualifications.--
(1) Citizenship.--Each member of the Commission shall be a
citizen of the United States.
(2) Conflicts of interest.--
(A) In general.--Subject to subparagraphs (B) and (C), no
member of the Commission or person employed by the
Commission, and no immediate family member thereof, shall--
(i) be financially interested in--
(I) any person significantly regulated by the Commission
under this division; or
(II) a third party in direct and substantial competition
with a person described in subclause (I); or
(ii) be employed by, hold any official relation to, or own
any stocks, bonds, or other securities of, any person or
third party described in clause (i).
(B) Significant interest.--The prohibitions under
subparagraph (A) shall apply only to financial interests in
any company or other entity that has a significant interest
in activities subject to regulation by the Commission.
(C) Waiver.--
(i) In general.--Subject to section 208 of title 18, United
States Code, the Commission may waive, from time to time, the
application of the prohibitions under subparagraph (A) to
persons employed by the Commission, or immediate family
members thereof, if the Commission determines that the
financial interests of a person that are involved in a
particular case are minimal.
(ii) No waiver for commissioners.--The waiver authority
under clause (i) shall not apply with respect to members of
the Commission.
(iii) Publication.--If the Commission exercises the waiver
authority under clause (i), the Commission shall publish
notice of that action in the Federal Register.
(3) Determination of significant interest.--The Commission,
in determining for purposes of paragraph (2) whether a
company or other entity has a significant interest in
activities that are subject to regulation by the Commission,
shall consider, without excluding other relevant factors--
(A) the revenues, investments, profits, and managerial
efforts directed to the related activities of the company or
other entity, as compared to the other aspects of the
business of the company or other entity;
(B) the extent to which the Commission regulates and
oversees the activities of the company or other entity;
(C) the degree to which the economic interests of the
company or other entity may be affected by any action of the
Commission; and
(D) the perceptions held by the public regarding the
business activities of the company or other entity.
(4) No other employment.--A member of the Commission may
not engage in any other business, vocation, profession, or
employment while serving as a member of the Commission.
(5) Political parties.--The maximum number of commissioners
who may be members of the same political party shall be a
number equal to the least number of commissioners that
constitutes a majority of the full membership of the
Commission.
(c) Term.--
(1) In general.--A commissioner--
(A) shall be appointed for a term of 5 years; and
(B) may continue to serve after the expiration of the fixed
term of office of the commissioner until a successor is
appointed and has been confirmed and taken the oath of
office.
(2) Filling of vacancies.--Any person chosen to fill a
vacancy in the Commission--
(A) shall be appointed for the unexpired term of the
commissioner that the person succeeds;
(B) except as provided in subparagraph (C), may continue to
serve after the expiration of the fixed term of office of the
commissioner that the person succeeds until a successor is
appointed and has been confirmed and taken the oath of
office; and
(C) may not continue to serve after the expiration of the
session of Congress that begins after the expiration of the
fixed term of office of the commissioner that the person
succeeds.
(3) Effect of vacancy on powers of commission.--Except as
provided in section 6009(e) (relating to repeal of prior
rules), no vacancy in the Commission shall impair the right
of the remaining commissioners to exercise all the powers of
the Commission.
(d) Salary of Commissioners.--
(1) In general.--Each Commissioner shall receive an annual
salary at the annual rate payable from time to time for grade
16 of the pay scale of the Securities and Exchange
Commission, payable in monthly installments.
(2) Chair.--The Chair of the Commission, during the period
of service as Chair, shall receive an annual salary at the
annual rate payable from time to time for grade 17 of the pay
scale of the Securities and Exchange Commission.
(e) Principal Office.--
(1) General sessions.--The principal office of the
Commission shall be in the District of Columbia, where its
general sessions shall be held.
(2) Special sessions.--Whenever the convenience of the
public or of the parties may be promoted or delay or expense
prevented thereby, the Commission may hold special sessions
in any part of the United States.
(f) Employees.--
(1) In general.--The Commission may, subject to the civil
service laws and the Classification Act of 1949, as amended,
appoint such officers, engineers, accountants, attorneys,
inspectors, examiners, and other employees as are necessary
in the exercise of its functions.
(2) Assistants.--
(A) Professional assistants; secretary.--Without regard to
the civil-service laws, but subject to the Classification Act
of 1949, each commissioner may appoint professional
assistants and a secretary, each of whom shall perform such
duties as the commissioner shall direct.
(B) Administrative assistant to chair.--In addition to the
authority under subparagraph (A), the Chair of the Commission
may appoint, without regard to the civil-service laws, but
subject to the Classification Act of 1949, an administrative
assistant who shall perform such duties as the Chair shall
direct.
(3) Use of volunteers to monitor violations relating to
online services.--
(A) Recruitment and training of volunteers.--The
Commission, for purposes of monitoring violations of any
provision of this division (and of any regulation prescribed
by the Commission under this division), may--
(i) recruit and train any software engineer, computer
scientist, data scientist, or other individual with skills or
expertise relevant to the responsibilities of the Commission;
and
(ii) accept and employ the voluntary and uncompensated
services of individuals described in clause (i).
(B) No limitations on voluntary services.--The authority of
the Commission under subparagraph (A) shall not be subject to
or affected by--
(i) part III of title 5, United States Code; or
(ii) section 1342 of title 31, United States Code.
(C) No federal employment.--Any individual who provides
services under this paragraph or who provides goods in
connection with such services shall not be considered a
Federal or special government employee.
(D) Broad representation.--The Commission, in accepting and
employing services of individuals under subparagraph (A),
shall seek to achieve a broad representation of individuals
and organizations.
(E) Rules of conduct.--The Commission may establish rules
of conduct and other regulations governing the service of
individuals under this paragraph.
(F) Regulations for personnel practices.--The Commission
may prescribe regulations to select, oversee, sanction, and
dismiss any individual authorized under this paragraph to be
employed by the Commission.
(g) Expenditures.--
(1) In general.--The Commission may make such expenditures
(including expenditures for rent and personal services at the
seat of government and elsewhere, for office supplies, online
subscriptions, electronics, law books, periodicals,
subscriptions, and books of reference), as may be necessary
for the execution of the functions vested in the Commission
and as may be appropriated for by Congress in accordance with
the authorizations of appropriations under section 6020.
(2) Reimbursement.--All expenditures of the Commission,
including all necessary expenses for transportation incurred
by the commissioners or by their employees, under their
orders, in making any investigation or upon any official
business in any other places than in the city of Washington,
shall be allowed and paid on the presentation of itemized
vouchers therefor approved by the Chair of the Commission or
by such other members or officer thereof as may be designated
by the Commission for that purpose.
(3) Gifts.--
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(A) In general.--Notwithstanding any other provision of
law, in furtherance of its functions the Commission is
authorized to accept, hold, administer, and use unconditional
gifts, donations, and bequests of real, personal, and other
property (including voluntary and uncompensated services, as
authorized by section 3109 of title 5, United States Code).
(B) Taxes.--For the purpose of Federal law on income taxes,
estate taxes, and gift taxes, property or services accepted
under the authority of subparagraph (A) shall be deemed to be
a gift, bequest, or devise to the United States.
(C) Regulations.--
(i) In general.--The Commission shall promulgate
regulations to carry out this paragraph.
(ii) Conflicts of interest.--The regulations promulgated
under clause (i) shall include provisions to preclude the
acceptance of any gift, bequest, or donation that would
create a conflict of interest or the appearance of a conflict
of interest.
(h) Quorum; Seal.--
(1) Quorum.--Three members of the Commission shall
constitute a quorum thereof.
(2) Seal.--The Commission shall have an official seal which
shall be judicially noticed.
(i) Duties and Powers.--The Commission may perform any and
all acts, including collection of any information from
digital platforms under the jurisdiction of the Commission as
the Commission determines necessary, without regard to any
final determination of the Office on Management and Budget
under chapter 35 of title 44, United States Code (commonly
referred to as the ``Paperwork Reduction Act''), make such
rules and regulations, and issue such orders, not
inconsistent with this division, as may be necessary in the
execution of its functions.
(j) Conduct of Proceedings; Hearings.--
(1) In general.--The Commission may conduct its proceedings
in such manner as will best conduce to the proper dispatch of
business and to the ends of justice.
(2) Conflict of interest.--No commissioner shall
participate in any hearing or proceeding in which he has a
pecuniary interest.
(3) Open to all parties.--Any party may appear before the
Commission and be heard in person or by attorney.
(4) Record of proceedings.--
(A) In general.--Subject to subparagraph (B)--
(i) every vote and official act of the Commission shall be
entered of record; and
(ii) the Commission shall endeavor to make each proceeding
public, while recognizing the occasional need for private
convening and deliberation.
(B) Defense information.--The Commission may withhold
publication of records or proceedings containing secret
information affecting the national defense.
(k) Record of Reports.--All reports of investigations made
by the Commission shall be entered of record, and a copy
thereof shall be furnished to the party who may have
complained, and to any digital platform or licensee that may
have been complained of.
(l) Publication of Reports; Admissibility as Evidence.--The
Commission shall provide for the publication of its reports
and decisions in such form and manner as may be best adapted
for public information and use, and such authorized
publications shall be competent evidence of the reports and
decisions of the Commission therein contained in all courts
of the United States and of the several States without any
further proof or authentication thereof.
(m) Compensation of Appointees.--Rates of compensation of
persons appointed under this section shall be subject to the
reduction applicable to officers and employees of the Federal
Government generally.
(n) Memoranda of Understanding.--The Commission shall enter
into memoranda of understanding with the Federal
Communications Commission, the Federal Trade Commission, and
the Department of Justice to ensure, to the greatest extent
possible, coordination, collaboration, and the effective use
of Federal resources concerning areas of overlapping
jurisdiction.
SEC. 6007. ORGANIZATION AND FUNCTIONING OF THE COMMISSION.
(a) Chair; Duties; Vacancy.--
(1) In general.--The member of the Commission designated by
the President as Chair shall be the chief executive officer
of the Commission.
(2) Duties.--The Chair of the Commission shall--
(A) preside at all meetings and sessions of the Commission;
(B) represent the Commission in all matters relating to
legislation and legislative reports, except that any
commissioner may present the commissioner's own or minority
views or supplemental reports;
(C) represent the Commission in all matters requiring
conferences or communications with other governmental
officers, departments, or agencies; and
(D) generally coordinate and organize the work of the
Commission in such manner as to promote prompt and efficient
disposition of all matters within the jurisdiction of the
Commission.
(3) Vacancy.--In the case of a vacancy in the office of the
Chair of the Commission, or the absence or inability of the
Chair to serve, the Commission may temporarily designate a
member of the Commission to act as Chair until the cause or
circumstance requiring the designation is eliminated or
corrected.
(b) Organization of Staff.--
(1) In general.--From time to time as the Commission may
find necessary, the Commission shall organize its staff
into--
(A) bureaus, to function on the basis of the Commission's
principal workload operations; and
(B) such other divisional organizations as the Commission
may determine necessary.
(2) Integration.--The Commission, to the extent
practicable, shall organize the bureaus and other divisions
of the Commission to--
(A) promote collaboration and cross-cutting subject matter
and technical expertise; and
(B) avoid organization silos.
(3) Personnel.--Each bureau established under paragraph
(1)(A) shall include such legal, engineering, accounting,
administrative, clerical, and other personnel as the
Commission may determine to be necessary to perform its
functions.
(4) Expert personnel.--The Commission shall prioritize, to
the extent practicable, the hiring of staff with a
demonstrated academic or professional background in computer
science, data science, application development, technology
policy, and other areas the Commission may determine
necessary to perform its functions.
(c) Delegation of Functions; Exceptions to Initial Orders;
Force, Effect, and Enforcement of Orders; Administrative and
Judicial Review; Qualifications and Compensation of
Delegates; Assignment of Cases; Separation of Review and
Investigative or Prosecuting Functions; Secretary; Seal.--
(1) Delegation of functions.--
(A) In general.--When necessary to the proper functioning
of the Commission and the prompt and orderly conduct of its
business, the Commission may, by published rule or by order,
delegate any of its functions to a panel of commissioners, an
individual commissioner, an employee board, or an individual
employee, including functions with respect to hearing,
determining, ordering, certifying, reporting, or otherwise
acting as to any work, business, or matter; except that in
delegating review functions to employees in cases of
adjudication (as defined in section 551 of title 5, United
States Code), the delegation in any such case may be made
only to an employee board consisting of 2 or more employees
referred to in paragraph (7).
(B) Minimum vote.--Any rule or order described in
subparagraph (A) may be adopted, amended, or rescinded only
by a vote of a majority of the members of the Commission then
holding office.
(2) Force, effect, and enforcement of orders.--Any order,
decision, report, or action made or taken pursuant to a
delegation under paragraph (1), unless reviewed as provided
in paragraph (3), shall have the same force and effect, and
shall be made, evidenced, and enforced in the same manner, as
orders, decisions, reports, or other actions of the
Commission.
(3) Administrative and judicial review.--
(A) Aggrieved persons.--Any person aggrieved by an order,
decision, report, or action described in paragraph (1) may
file an application for review by the Commission within such
time and in such manner as the Commission shall prescribe,
and every such application shall be passed upon by the
Commission.
(B) Initiative of commission.--The Commission, on its own
initiative, may review in whole or in part, at such time and
in such manner as it shall determine, any order, decision,
report, or action made or taken pursuant to any delegation
under paragraph (1).
(4) Review.--
(A) In general.--In passing upon an application for review
filed under paragraph (3), the Commission may grant, in whole
or in part, or deny the application without specifying any
reasons therefor.
(B) Questions of fact or law.--No application for review
filed under paragraph (3)(A) shall rely on questions of fact
or law upon which the panel of commissioners, individual
commissioner, employee board, or individual employee has been
afforded no opportunity to pass.
(5) Grant of application.--If the Commission grants an
application for review filed under paragraph (3)(A), the
Commission may--
(A) affirm, modify, or set aside the order, decision,
report, or action; or
(B) order a rehearing upon the order, decision, report, or
action.
(6) Application required for judicial review.--The filing
of an application for review under paragraph (3)(A) shall be
a condition precedent to judicial review of any order,
decision, report, or action made or taken pursuant to a
delegation under paragraph (1).
(7) Qualifications and compensation of delegates;
assignment of cases; separation of review and investigative
or prosecuting functions.--
(A) Qualifications of delegates.--The employees to whom the
Commission may delegate review functions in any case of
adjudication (as defined in the Administrative Procedure
Act)--
(i) shall be qualified, by reason of their training,
experience, and competence, to perform such review functions;
and
(ii) shall perform no duties inconsistent with such review
functions.
(B) Compensation.--An employee described in subparagraph
(A) shall be in a grade classification or salary level
commensurate with the important duties of the employee, and
in
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no event less than the grade classification or salary level
of the employee or employees whose actions are to be
reviewed.
(C) Separation.--In the performance of review functions
described in subparagraph (A), employees described in that
subparagraph--
(i) shall be assigned to cases in rotation so far as
practicable; and
(ii) shall not be responsible to or subject to the
supervision or direction of any officer, employee, or agent
engaged in the performance of investigative or prosecuting
functions for any agency.
(8) Secretary; seal.--The secretary and seal of the
Commission shall be the secretary and seal of each panel of
the Commission, each individual commissioner, and each
employee board or individual employee exercising functions
delegated pursuant to paragraph (1) of this subsection.
(d) Meetings.--Meetings of the Commission shall be held at
regular intervals, not less frequently than once each
calendar month, at which times the functioning of the
Commission and the handling of its workload shall be reviewed
and such orders shall be entered and other action taken as
may be necessary or appropriate to expedite the prompt and
orderly conduct of the business of the Commission with the
objective of rendering a final decision in a timely fashion.
(e) Managing Director.--
(1) In general.--The Commission shall have a Managing
Director who shall be appointed by the Chair subject to the
approval of the Commission.
(2) Functions.--The Managing Director, under the
supervision and direction of the Chair, shall perform such
administrative and executive functions as the Chair shall
delegate.
(3) Pay.--The Managing Director shall be paid at a rate
equal to the rate then payable for grade 15 of the pay scale
of the Securities and Exchange Commission.
SEC. 6008. CODE COUNCIL.
(a) Establishment.--The Commission shall establish a Code
Council that shall develop proposed voluntary or enforceable
behavioral codes, technical standards, or other policies for
digital platforms through the code process under subsection
(e), including with respect to transparency and
accountability for algorithmic processes.
(b) Membership.--
(1) In general.--The Council shall consist of 18 members,
of whom--
(A) 6 shall be representatives of digital platforms or
associations of digital platforms, not fewer than 3 of whom
shall be representatives of systemically important digital
platforms or associations that include systemically important
digital platforms;
(B) 6 shall be representatives of nonprofit public interest
groups, academics, and other experts not affiliated with
commercial enterprises, with demonstrated expertise in
technology policy, law, consumer protection, privacy,
competition, disinformation, or another area the Chair
determines relevant; and
(C) 6 shall be technical experts in engineering,
application development, computer science, data science,
machine learning, communications, media studies, and any
other discipline the Chair determines relevant.
(2) Appointment.--The Chair shall appoint each member of
the Council, subject to approval by the Commission.
(3) Terms.--
(A) In general.--A member of the Council shall be appointed
for a term of 3 years.
(B) Staggered terms.--The terms of members of the Council
shall be staggered such that one-third of the membership of
the Council changes each year.
(c) Meetings.--The Council shall meet publicly not less
frequently than once a month.
(d) Chair and Vice Chair.--
(1) In general.--There shall be a Chair and Vice Chair of
the Council--
(A) one of whom shall be a member described in subparagraph
(A) of subsection (b)(1); and
(B) one of whom shall be a member described in subparagraph
(B) of subsection (b)(1).
(2) Annual rotation.--The Chair or Vice Chair for a
calendar year shall be a member described in a different
subparagraph of subsection (b)(1) than the member who served
as Chair or Vice Chair, respectively, for the preceding
calendar year.
(e) Code Process.--
(1) In general.--The Commission may, at any time, initiate
a process to develop a voluntary or enforceable behavioral
code, technical standard, or other policy for digital
platforms or a class of digital platforms.
(2) Initiation based on petition or council vote.--The
Commission may initiate the process described in paragraph
(1) if--
(A) the Commission receives a petition from the public,
including from a digital platform or an association of
digital platforms; or
(B) the Council votes to initiate the process.
(3) Council examination and vote.--If the process described
in paragraph (1) is initiated, the Council--
(A) shall consider and develop, if appropriate, a proposed
behavioral code, technical standard, or other policy for
digital platforms or a class of digital platforms;
(B) in considering and developing a proposed code,
standard, or policy under subparagraph (A), shall--
(i) allow for submission of feedback by any interested
party; and
(ii) make available to the public a factual record,
developed during the consideration and development of the
proposed code, standard, or policy, that includes any
submission received under clause (i);
(C) not earlier than 180 days and not later than 360 days
after the date on which the process is initiated, shall vote
on whether to submit a recommendation for the proposed code,
standard, or policy to the Commission; and
(D) may submit minority views along with a recommendation
under subparagraph (C), as appropriate.
(4) Public review; commission examination and vote.--Upon
receipt of a recommendation for a proposed behavioral code,
technical standard, or other policy from the Council under
paragraph (3), the Commission shall--
(A) allow for submission of comments on the proposed code,
standard, or policy by any interested party for a period of
not fewer than 45 days and not more than 90 days, and
publicly disclose any comments received;
(B) examine the proposed code, standard, or policy, along
with comments received under subparagraph (A);
(C) determine whether to adopt, reject, or adopt with
modifications the proposed code, standard, or policy;
(D) provide a public rationale for the determination under
subparagraph (C); and
(E) promulgate rules to carry out the determination under
subparagraph (C) in accordance with section 553 of title 5,
United States Code.
(5) Updates.--Not less frequently than once every 5 years,
the Commission shall review and update, as necessary, any
behavioral code, technical standard, or other policy
established by rule under paragraph (4).
(6) Rule of construction.--Nothing in this subsection shall
be construed to affect the authority of the Commission to
promulgate rules under section 6009.
(f) Qualifications.--
(1) Citizenship.--Each member of the Council shall be a
United States citizen or an alien lawfully admitted for
permanent residence to the United States.
(2) Conflicts of interest.--
(A) In general.--Subject to subparagraphs (B) and (C), no
member of the Council other than a member appointed under
subsection (b)(1)(A) shall--
(i) be financially interested in any company or other
entity engaged in the business of providing online services;
(ii) be financially interested in any company or other
entity that controls any company or other entity specified in
clause (i), or that derives a significant portion of its
total income from ownership of stocks, bonds, or other
securities of any such company or other entity; or
(iii) be employed by, hold any official relation to, or own
any stocks, bonds, or other securities of, any person
significantly regulated by the Commission under this
division.
(B) Significant interest.--The prohibitions under
subparagraph (A) shall apply only to financial interests in
any company or other entity that has a significant interest
in activities subject to regulation by the Commission.
(C) Waiver.--
(i) In general.--Subject to section 208 of title 18, United
States Code, the Commission may waive, from time to time, the
application of the prohibitions under subparagraph (A) to a
member of the Council if the Commission determines that the
financial interests of the member that are involved in a
particular case are minimal.
(ii) Publication.--If the Commission exercises the waiver
authority under clause (i), the Commission shall publish
notice of that action in the Federal Register.
(3) Determination of significant interest.--The Commission,
in determining for purposes of paragraph (2) whether a
company or other entity has a significant interest in
activities that are subject to regulation by the Commission,
shall consider, without excluding other relevant factors--
(A) the revenues, investments, profits, and managerial
efforts directed to the related activities of the company or
other entity, as compared to the other aspects of the
business of the company or other entity;
(B) the extent to which the Commission regulates and
oversees the activities of the company or other entity;
(C) the degree to which the economic interests of the
company or other entity may be affected by any action of the
Commission; and
(D) the perceptions held by the public regarding the
business activities of the company or other entity.
(g) Rule of Construction.--Nothing in this section shall be
construed to authorize the Council to promulgate rules.
SEC. 6009. RULEMAKING AUTHORITY, REQUIREMENTS, AND
CONSIDERATIONS.
The Commission--
(1) may promulgate rules to carry out this division in
accordance with section 553 of title 5, United States Code;
and
(2) shall tailor the rules promulgated under paragraph (1),
as appropriate, based on the size, dominance, and other
attributes of particular digital platforms.
SEC. 6010. SYSTEMICALLY IMPORTANT DIGITAL PLATFORMS.
(a) Designation of SIDPs; Rulemaking Authority.--The
Commission may--
[[Page S2506]]
(1) designate systemically important digital platforms in
accordance with this section; and
(2) promulgate rules specific to systemically important
digital platforms, consistent with the purposes of the
Commission under section 6004(b).
(b) Mandatory Criteria.--The Commission shall designate a
digital platform a systemically important digital platform if
the platform--
(1) is open to the public on one side;
(2) has significant engagement among users, which may take
the form of private groups, public groups, and the sharing of
posts visible to some or all users;
(3) conducts business primarily at the interstate or
international level, as opposed to the intrastate level; and
(4) has operations with significant nationwide economic,
social, or political impacts, as defined by the Commission
for purposes of this paragraph through notice-and-comment
rulemaking under section 553 of title 5, United States Code,
which may include--
(A) the ability of the platform to significantly shape the
national dissemination of news;
(B) the ability of the platform to cause a person
significant, immediate, and demonstrable economic, social, or
political harm by exclusion from the platform;
(C) the market power of the platform;
(D) the number of unique daily users of the platform; and
(E) the dependence of business users, especially small
business users (including entrepreneurs from communities of
color and underserved populations), on the platform to reach
customers.
(c) Annual and Other Reports.--
(1) Authority to require reports.--The Commission may--
(A) require annual reports from systemically important
digital platforms subject to this division, and from persons
directly or indirectly controlling or controlled by, or under
direct or indirect control with, any such platform;
(B) prescribe the content expected in such reports;
(C) prescribe the manner in which such reports shall be
made; and
(D) require from such persons specific answers to all
questions upon which the Commission may need information.
(2) Administration.--
(A) Time period covered; filing.--A report under paragraph
(1)--
(i) shall be for such 12 months' period as the Commission
shall designate; and
(ii) shall be filed with the Commission at its office in
Washington not later than 3 months after the close of the
year for which the report is made, unless additional time is
granted in any case by the Commission.
(B) Failure to meet deadline.--If a person subject to this
subsection fails to make and file an annual report within the
time specified under subparagraph (A), or within the time
extended by the Commission, for making and filing the report,
or fails to make specific answer to any question authorized
by this subsection within 30 days after the time the person
is lawfully required so to do, the person shall forfeit to
the United States--
(i) $10,000 for each day the person continues to be in
default with respect thereto, for the first 30 days of such
default; and
(ii) an amount determined appropriate by the Commission for
each subsequent day that the person continues to be in
default with respect thereto, which may not exceed 1 percent
of the total global revenue of the person during the
preceding year.
SEC. 6011. INTER-AGENCY SUPPORT.
(a) Expert Support.--Upon request from any other Federal
agency for expertise, technical assistance, or other support
from the Commission, the Commission shall provide that
support.
(b) Required Consultation by Other Federal Agencies.--Any
Federal agency, including the Federal Trade Commission and
the Antitrust Division of the Department of Justice, engaged
in investigation, regulation, or oversight with respect to
the impact of digital platforms on consumer protection,
competition, civic engagement, or democratic values and
institutions shall consult with the Commission in carrying
out that investigation, regulation, or oversight.
(c) Required Consultation With Other Federal Agencies.--The
Commission, in carrying out investigation, regulation, or
oversight with respect to the impact of digital platforms on
consumer protection, competition, civic engagement, or
democratic values and institutions, shall consult with each
other Federal agency, including the Federal Trade Commission
and the Antitrust Division of the Department of Justice, that
is engaged in investigation, regulation, or oversight with
respect to the impact of digital platforms on consumer
protection, competition, civic engagement, or democratic
values and institutions.
SEC. 6012. PETITIONS.
(a) Petition for Forbearance.--
(1) Submission.--
(A) In general.--Any digital platform or association of
digital platforms may submit a petition to the Commission
requesting that the Commission forbear the application and
enforcement of a rule promulgated under this division,
including a behavioral code of conduct, technical standard,
or other policy established by rule under section 6008.
(B) Publication.--
(i) In general.--Subject to clause (ii), the Commission
shall make a petition submitted under subparagraph (A)
available to the public.
(ii) Waiver.--The Commission may waive the requirement
under clause (i) if the Commission makes the rationale for
the waiver available to the public.
(2) Dismissal without prejudice.--
(A) In general.--Any petition submitted under paragraph (1)
shall be deemed dismissed without prejudice if the Commission
does not grant the petition within 18 months after the date
on which the Commission receives the petition, unless the
Commission extends the 18-month period under subparagraph (B)
of this paragraph.
(B) Extension.--The Commission may extend the initial 18-
month period under subparagraph (A) by an additional 3
months.
(3) Scope of grant authority; written explanation.--The
Commission may grant or deny a petition submitted under
paragraph (1) in whole or in part and shall explain its
decision in writing.
(4) Notice and comment requirements.--Section 553 of title
5, United States Code, shall apply to any determination of
the Commission to forbear the application and enforcement of
a rule under paragraph (1) of this subsection.
(b) State Enforcement After Commission Forbearance.--A
State commission may not continue to apply or enforce any
rule, including any behavioral code, technical standard, or
other policy established by rule, that the Commission has
determined to forbear from applying under subsection (a).
SEC. 6013. RESEARCH.
(a) Research Office.--In order to carry out the purposes of
this division, the Commission shall establish an office with
not fewer than 20 dedicated employees to conduct internal
research, and collaborate with outside academics and experts,
as appropriate, to further the purposes of the Commission
under section 6004(b).
(b) Research Grants.--
(1) In general.--The office established under subsection
(a) may competitively award grants to academic institutions
and experts to conduct research consistent with the purposes
of the Commission under section 6004(b).
(2) Public availability.--A recipient of a grant awarded
under paragraph (1) shall make the findings of the research
conducted using the grant publicly available.
(c) Pilot Research Program for Sensitive Data.--The
Commission shall by rule establish a pilot program that
allows vetted, nonprofit, financially disinterested academic
institutions and experts to access data and other information
collected from a digital platform by the Commission for the
purposes of research and analysis consistent with the public
interest, while--
(1) ensuring that no personally identifiable information of
any user of the digital platform is publicly available; and
(2) making every effort to--
(A) avoid harm to the business interests of the digital
platform; and
(B) ensure the safety and security of the private data and
other information of the digital platform.
SEC. 6014. INVESTIGATIVE AUTHORITY.
(a) In General.--The Commission may inquire into the
management of the business of digital platforms subject to
this division, and shall keep itself informed as to the
manner and method in which that management is conducted and
as to technical and business developments in the provision of
online services.
(b) Information.--The Commission may obtain from digital
platforms subject to this division and from persons directly
or indirectly controlling or controlled by, or under direct
or indirect control with, those platforms full and complete
information necessary, including data flows, to enable the
Commission to perform the duties and carry out the objects
for which it was created.
SEC. 6015. HSR FILINGS.
Section 7A of the Clayton Act (15 U.S.C. 18a) is amended by
adding at the end the following:
``(l)(1) In this subsection--
``(A) the terms `Commission' and `systemically important
digital platform' have the meanings given the terms in
section 6003 of the Digital Platform Commission Act of 2023;
and
``(B) the term `covered acquisition' means an acquisition--
``(i) subject to this section; and
``(ii) in which the acquiring person or the person whose
voting securities or assets are being acquired is a
systemically important digital platform.
``(2) Any notification required under subsection (a) for a
covered acquisition shall be submitted to the Commission.
``(3) The Commission may request the submission of
additional information or documentary material relevant to a
covered acquisition.
``(4) The Commission may submit a recommendation to the
Federal Trade Commission and the Assistant Attorney General
on whether the covered acquisition violates any of the
purposes of the Commission under section 6004(b) of the
Digital Platform Commission Act of 2023.
``(5) The Federal Trade Commission and the Assistant
Attorney General--
``(A) shall cooperate with the Commission in determining
whether a covered acquisition, if consummated, would violate
the
[[Page S2507]]
antitrust laws or the purposes of the Commission under
section 6004(b) of the Digital Platform Commission Act of
2023;
``(B) may use the recommendation of the Commission as a
basis for rejecting the covered acquisition, or for imposing
additional requirements to consummate the acquisition, even
if the covered acquisition does not violate the antitrust
laws but violates other purposes of the Commission under
section 6004(b) of the Digital Platform Commission Act of
2023; and
``(C) in making a determination described in subparagraphs
(A), shall give substantial weight to the recommendation of
the Commission.''.
SEC. 6016. ENFORCEMENT BY PRIVATE PERSONS AND GOVERNMENTAL
ENTITIES.
(a) Recovery of Damages.--Any person claiming to be damaged
by any digital platform subject to this division may--
(1) make complaint to the Commission under subsection (b);
or
(2) bring a civil action for enforcement of this division,
including the rules promulgated under this division, in any
district court of the United States of competent
jurisdiction.
(b) Complaints to the Commission.--
(1) In general.--
(A) Application.--Any person, any body politic or municipal
organization, or any State attorney general or State
commission, complaining of anything done or omitted to be
done by any digital platform subject to this division, in
contravention of the provisions thereof, may apply to the
Commission by petition which shall briefly state the facts,
whereupon a statement of the complaint thus made shall be
forwarded by the Commission to the digital platform, which
shall be called upon to satisfy the complaint or to answer
the complaint in writing within a reasonable time to be
specified by the Commission.
(B) Relief of liability.--If a digital platform described
in subparagraph (A) within the time specified makes
reparation for the injury alleged to have been caused, the
platform shall be relieved of liability to the complainant
only for the particular violation of law thus complained of.
(C) Investigation.--If a digital platform described in
subparagraph (A) does not satisfy the complaint within the
time specified or there shall appear to be any reasonable
ground for investigating the complaint, the Commission shall
investigate the matters complained of in such manner and by
such means as the Commission determines proper.
(D) Direct damage not required.--No complaint shall at any
time be dismissed because of the absence of direct damage to
the complainant.
(2) Order.--
(A) In general.--The Commission shall, with respect to any
investigation under this subsection of the lawfulness of a
charge, classification, regulation, or practice, issue an
order concluding the investigation not later than 180 days
after the date on which the complaint was filed.
(B) Final order.--Any order concluding an investigation
under subparagraph (A) shall be a final order and may be
appealed under section 6018.
(3) Orders for payment of money.--If, after hearing on a
complaint under this paragraph, the Commission determines
that any party complainant is entitled to an award of damages
under this division, the Commission shall make an order
directing the digital platform to pay to the complainant the
sum to which the complainant is entitled on or before a day
named.
(c) Enforcement by State Attorneys General.--If the
attorney general of a State has reason to believe that an
interest of the residents of the State has been or is
threatened or adversely affected by any person who violates
this division or a rule promulgated under this division, the
attorney general of the State, as parens patrie, may bring a
civil action on behalf of the residents of the State in any
district court of the United States of competent jurisdiction
for enforcement of this division, including the rules
promulgated under this division.
(d) Liability of Digital Platform for Acts and Omissions of
Agents.--In construing and enforcing the provisions of this
division, the act, omission, or failure of any officer,
agent, or other person acting for or employed by any digital
platform or user, acting within the scope of his employment,
shall in every case be also deemed to be the act, omission,
or failure of the platform or user as well as that of the
person.
SEC. 6017. ENFORCEMENT BY COMMISSION AND DEPARTMENT OF
JUSTICE.
(a) Orders.--
(1) Administrative order.--If the Commission believes that
a person has violated or will violate this division, the
Commission may issue and cause to be served on the person an
order requiring the person, as applicable--
(A) to cease and desist, or refrain, from the violation; or
(B) to pay restitution to any victim of the violation.
(2) Civil action to enforce order.--The Commission or the
Attorney General may bring a civil action in an appropriate
district court of the United States to enforce an order
issued under paragraph (1).
(b) Civil Penalty.--
(1) In general.--Any digital platform that knowingly
violates this division shall be liable to the United States
for a civil penalty.
(2) Separate offenses.--Each distinct violation described
in paragraph (1) shall be a separate offense, and in case of
continuing violation each day shall be deemed a separate
offense.
(3) Deterrence.--The Commission shall establish a civil
penalty for a violation of this division in an amount that
the Commission determines appropriate to deter future
violations of this division.
(4) Annual cap.--The total amount of civil penalties
imposed on a digital platform during a year under paragraph
(1) may not exceed 15 percent of the total global revenue of
the digital platform during the preceding year.
SEC. 6018. PROCEEDINGS TO ENJOIN, SET ASIDE, ANNUL, OR
SUSPEND ORDERS OF THE COMMISSION.
(a) Right To Appeal.--An appeal may be taken from any
decision or order of the Commission, by any person who is
aggrieved or whose interests are adversely affected by the
decision or order, to the United States Court of Appeals for
the District of Columbia or the United States court of
appeals for the circuit in which the person resides.
(b) Filing Notice of Appeal; Contents; Jurisdiction;
Temporary Orders.--
(1) Filing notice of appeal.--An appeal described in
subsection (a) shall be taken by filing a notice of appeal
with the appropriate United States court of appeals not later
than 30 days after the date on which public notice is given
of the decision or order complained of.
(2) Contents.--A notice of appeal filed under paragraph (1)
shall contain--
(A) a concise statement of the nature of the proceedings as
to which the appeal is taken;
(B) a concise statement of the reasons on which the
appellant intends to rely, separately stated and numbered;
and
(C) proof of service of a true copy of the notice and
statements upon the Commission.
(3) Jurisdiction.--Upon the filing of a notice of appeal
with a United States court of appeals under paragraph (1),
the court--
(A) shall have jurisdiction of the proceedings and of the
questions determined therein; and
(B) shall have power, by order, directed to the Commission
or any other party to the appeal, to grant such temporary
relief as the court may deem just and proper.
(4) Temporary orders.--An order granting temporary relief
issued by the court under paragraph (3)--
(A) may be affirmative or negative in scope and application
so as to permit--
(i) the maintenance of the status quo in the matter in
which the appeal is taken; or
(ii) the restoration of a position or status terminated or
adversely affected by the order appealed from; and
(B) shall, unless otherwise ordered by the court, be
effective pending hearing and determination of the appeal and
compliance by the Commission with the final judgment of the
court rendered in the appeal.
(c) Notice to Interested Parties; Filing of Record.--
(1) Notice to interested parties.--Not later than 5 days
after filing a notice of appeal under subsection (b), the
appellant shall provide, to each person shown by the records
of the Commission to be interested in the appeal, notice of--
(A) the filing; and
(B) the pendency of the appeal.
(2) Filing of record.--The Commission shall file with the
court the record upon which the order complained of was
entered, as provided in section 2112 of title 28, United
States Code.
(d) Intervention.--
(1) Right to intervene.--Not later than 30 days after the
filing of an appeal described in subsection (a), any
interested party may intervene and participate in the
proceedings had upon the appeal by filing with the court--
(A) a notice of intention to intervene and a verified
statement showing the nature of the interest of the person;
and
(B) proof of service of true copies of the notice and
statement described in subparagraph (A) upon--
(i) the appellant; and
(ii) the Commission.
(2) Interested party.--For purposes of paragraph (1), any
person who would be aggrieved or whose interest would be
adversely affected by a reversal or modification of the order
of the Commission complained of shall be considered an
interested party.
(e) Record and Briefs.--The record and briefs upon which an
appeal described in subsection (a) shall be heard and
determined by the court shall contain such information and
material, and shall be prepared within such time and in such
manner, as the court may by rule prescribe.
(f) Time of Hearing; Procedure.--The court shall hear and
determine an appeal described in subsection (a) upon the
record before it in the manner prescribed by section 706 of
title 5, United States Code.
(g) Remand.--If the court renders a decision and enters an
order reversing the order of the Commission--
(1) the court shall remand the case to the Commission to
carry out the judgment of the court; and
(2) the Commission, in the absence of proceedings to review
the judgment under paragraph (1) or (2) of subsection (i),
shall forthwith give effect to the judgment, and unless
otherwise ordered by the court, shall do so upon the basis
of--
(A) the proceedings already had; and
(B) the record upon which the appeal was heard and
determined.
[[Page S2508]]
(h) Judgment for Costs.--The court may, in its discretion,
enter judgment for costs in favor of or against an appellant,
or other interested parties intervening in the appeal, but
not against the Commission, depending upon the nature of the
issues involved in the appeal and the outcome of the appeal.
(i) Finality of Decision; Review by Supreme Court.--The
judgment of a court of appeals under this section shall be
final, subject to review by the Supreme Court of the United
States--
(1) upon writ of certiorari on petition therefor under
section 1254 of title 28, United States Code, by--
(A) the appellant;
(B) the Commission; or
(C) any interested party intervening in the appeal; or
(2) by certification by the court of appeals under such
section 1254.
SEC. 6019. REPORT TO CONGRESS.
(a) In General.--Not earlier than 5 years after the date of
enactment of this Act, the President shall establish an
independent panel to--
(1) comprehensively study the policies, operations, and
regulations of the Commission; and
(2) submit an in-depth report to the congressional
committees of jurisdiction, including the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Energy and Commerce of the House of
Representatives, that includes--
(A) an evaluation of the effectiveness of the Commission in
achieving the purposes under section 6004(b);
(B) recommended reforms to strengthen the Commission; and
(C) a recommendation regarding whether the Commission
should continue in effect.
(b) Membership.--The independent panel established under
subsection (a) shall consist of 10 members, of whom--
(1) 2 shall be appointed by the President;
(2) 2 shall be appointed by the majority leader of the
Senate;
(3) 2 shall be appointed by the minority leader of the
Senate;
(4) 2 shall be appointed by the Speaker of the House of
Representatives; and
(5) 2 shall be appointed by the minority leader of the
House of Representatives.
SEC. 6020. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Commission
to carry out the functions of the Commission--
(1) $100,000,000 for fiscal year 2023;
(2) $200,000,000 for fiscal year 2024;
(3) $300,000,000 for fiscal year 2025;
(4) $450,000,000 for fiscal year 2026; and
(5) $500,000,000 for each of fiscal years 2027 through
2032.
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